Veolia Recycling & Recovery Pty Ltd
[2024] FWCA 3672
•22 OCTOBER 2024
| [2024] FWCA 3672 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Veolia Recycling & Recovery Pty Ltd
(AG2024/3344)
VEOLIA ACT COMMERCIAL COLLECTIONS AGREEMENT 2024
| Waste management industry | |
| DEPUTY PRESIDENT GRAYSON | SYDNEY, 22 OCTOBER 2024 |
Application for approval of the Veolia ACT Commercial Collections Agreement 2024
Introduction
Veolia Recycling & Recovery Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Veolia ACT Commercial Collections Agreement 2024 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.
Transitional arrangements under the Secure Jobs, Better Pay amendment
The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Act, that commenced operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 3 May 2024 and the Agreement was made on 20 August 2024. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.
Section 190 Undertakings
The employer provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.
National Employment Standards (NES) Precedence Term
Clause 19 of the Agreement provides leave in circumstances of personal illness or injury that poses a serious threat to life, or upon the death of an immediate family member or household member. The clause appears to omit the entitlement to compassionate leave in circumstances of an employee or their partners’ miscarriage or stillbirth as provided by s.104 of the Act and accordingly may be inconsistent with the National Employment Standards (NES). I note that in accordance with the NES precedence term effected by undertakings provided by the Employer, this clause will be read and interpreted in conjunction with the NES.
Section 186, 187, 188 and 190
Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.
Approval
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 October 2024. The nominal expiry date of the Agreement is 30 April 2027.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
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ANNEXURE A
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